ONLINE STUDY GROUP
PP PART 4: Substantive Law
August 30, 2011
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Moderators: Dolores Oliver (MI)
Cindy Lane Hughes, PP, PLS (VA)
References: Advanced Manual for the Lawyer’s Assistant (10th ed.) (“AMLA”)
Paralegal Today: The Legal Team At Work (5th ed.) (“PT”)
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1. True/False: Under the riparian rights doctrine, common in western states, the reasonable
use doctrine gave way to the natural flow doctrine.
2. True/False: Abandonment of water rights requires a period of nonuse for abandonment
to occur.
3. True/False: Land that is leased for gas and oil purposes is not required by state law to
follow descriptions of land covered by a deed.
4. True/False: For a drilling contract in gas and oil, a letter agreement is the preferred
method of contract used in the industry.
5. True/False: If a union is certified as the collective bargaining agency in contact
negotiations, the National Labor Relations Board will not extend the one-year negotiating
period despite the fact the union can show that the employer is not bargaining in good
faith. Instead, the matter will go to arbitration.
6. True/False: All employers use a joint standing committee to handle grievances.
7. True/False: Once a patent agent passes the same training and testing lawyers are required
to pass to be registered to practice before the Patent and Trademark Office, the agent may
then give legal advice.
ONLINE STUDY GROUP
PP Part 4: Substantive Law
August 30, 2011
8. True/False: When a registered mark is up for renewal, it is not necessary for the
application for renewal to include a declaration of the goods since it has been stated in the
registration.
9. True/False: The target-benefit pension plan is made up of both the defined-benefit and
the defined contribution plan.
10. True/False: A SIMPLE retirement plan can be used by an employer who has 50 or less
employees and does not have another plan.
11. True/False: It is not necessary for an employer whose number of employees does not fall
within the Workers’ Compensation Act to carry workers’ compensation insurance.
12. True/False: In a workers’ compensation death case, surviving parents may never receive
death benefits despite the fact no other people were dependent upon the decedent.
13. True/False: Longshoremen ship repairers must file a claim for disability and death
benefits under the land-based workers’ compensation disability act; the benefits are better
than those provided for under the Longshoremen and Harbor Workers’ Compensation
Act.
14. True/False: A state district court will seize and take physical custody of a vessel in
proceedings in rem.
15. True/False: False advertising of cosmetics, drugs, devices, and food fall under the
protection of the Federal Trade Commission Act.
16. True/False: To bring an action under the Sherman Act, a private company or person must
be within the target area of the restraint and have sufficient injury to business or property.
17. True/False: Immigration law requires one to become familiar with the rules and
regulations of the Department of Homeland Security, the Department of Health and
Human Services, and the Department of Labor.
18. True/False: If an alien is seeking citizenship by naturalization, 10 years of permanent
residency is required.
19. True/False: In a disparate impact case, it is necessary to prove a discriminatory motive.
20. True/False: The Family and Medical Leave Act requires that private employers have at a
minimum 25 employees and provide eligible employees with 12 work weeks of unpaid
leave.
21. In order to show the degree of criminal intent it is necessary to show one of the
following:
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ONLINE STUDY GROUP
PP Part 4: Substantive Law
August 30, 2011
a. the excuse of a mistake cannot be used
b. only insanity or duress can be considered
c. insanity, duress or mistake
22. Bribery falls into which of the following three categories:
a. public officials, commercial, and foreign officials
b. personal, commercial and foreign officials
c. public officials, personal, and foreign officials
23. Intentional infliction of emotional distress would include _____.
a. outrageous conduct
b. intentional conduct
c. extreme conduct
d. all of the above
e. none of the above
24. Defamation includes damage to another’s _____.
a. reputation or character
b. name or character
c. name, reputation or character
25. Rejection of an offer can happen in which of the following actions:
a. rejection of the offer and a counteroffer is made
b. the offer no longer exists when a reasonable time has passed
c. item is destroyed, a partner dies or becomes incompetent, or law determines offer
is illegal
c. the offer is withdrawn before it is accepted
d. all of the above
26. A copyright can be registered with the _____.
a. U.S. Copyright Office in Washington, DC
b. U. S. Patent Office in Washington, DC
c. U.S. Copyright and Patent Office in Washington, DC
d. U. S. Copyright Office in New York
27. Leases of personal property _____.
a. are covered by the common law of contracts
b. are covered by the Uniform Commercial Code
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ONLINE STUDY GROUP
PP Part 4: Substantive Law
August 30, 2011
c. and leases of real property are covered by the Uniform Commercial Code
28. The coinsurance clause provides for _____.
a. coverage up to a percentage to be covered in full
b. coverage below a set percentage, the owners will be responsible for a
proportionate share of the loss
c. none of the above
d. both a. and b.
29. Besides serving to distribute property, a will can _____.
a. appoint a personal representative to settle the estate
b. appoint a guardian for adults who are not incapacitated
c. appoint a guardian for adult children
d. all of the above
30. In an irrevocable living trust, _____.
a. the trustee need not administer the property according to the direction of the
grantor
b. the trustee must preserve the trust property
c. the trust property does not have to be productive
d. the trust property does not have to pay an income to the beneficiaries
31. In contract liability, an agent must _____.
a. receive written authorization, not oral authorization, to form certain contracts
b. receive oral authorization, not written authorization, to form certain contracts
c. receive either oral authorization or written authorization to form certain contracts
32. A wrongful discharge can occur _____.
a. in violation of an employment contract or statutory law
b. in a verbal agreement
c. in violation of a common law principle
d. b. only
e. a. and c.
33. The Bankruptcy Reform Act of 2005 requires that before a Chapter 7 petition for
bankruptcy can be filed, individual(s) must _____.
a. receive credit counseling from an approved nonprofit agency
b. require attorneys to verify the accuracy of the petitions and schedules
c. both of the above
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ONLINE STUDY GROUP
PP Part 4: Substantive Law
August 30, 2011
d. neither of the above
34. The Clean Water Act, an amendment to the Rivers and Harbors Appropriation Act of
1899, was enacted to _____.
a. make waters safe for swimming
b. protect fish and wildlife
c. eliminate the discharge of pollutants into the water
d. amend the Federal Water Pollution Control Act
e. all of the above
35. True/False: When citing audio recordings of court proceedings, the title may not be a
description of the recording, e.g., Oral Argument @ 15:1, Jones v. Smith, 410 U.S. 113
(no. 70-18), available at http://www.oyez.org/cases/1970-
1979/1971/1971_70_18/argument.
36. True/False: If the Web page’s headings are not sufficiently clear, a descriptive title can
be used and should be italicized, e.g., Archive of Columns, by William Safire, NY Times,
http://www.nytimes.com/top/opinion/
editorialsandoped/oped/columnists/williamsafire/(last visited Jan. 17, 2004).
37. True/False: If there is no stable URL available to facilitate access to the source, an
explanatory parenthetical should be added explaining how the source should be accessed,
e.g., War of Words: Judith Thurman Discusses Scrabble Both Online and Off, The New
Yorker (b) (Jan. 19, 2009),
http://www.newyorker.com/online/2009/01/09/090119on_on_audio_thurman
38. What is another name for SuperFund where Congress enacted legislation to clean up
hazardous wastes and other substances at contaminated sites:
a. Toxic Substances Control Act
b. Clean Air Act
c. Comprehensive Environmental Response, Compensation and Liability Act
d. None of the above
39. True/False: In mediation, the decision of the mediator is a final decision for the disputing
parties. There is no further recourse.
40. A court would enforce a contractual agreement, even though it may lack consideration,
under the doctrine of:
a. contract modifications
b. contractual capacity
c. mailbox rule
d. promissory estoppel
[End of Part 4]
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